Court Overturns Life Sentence, Downgrades Drug Offence to Personal Consumption

Abu Dhabi’s Court of Appeal has quashed a life sentence imposed on a man convicted of drug trafficking, ruling that the evidence did not establish an intent to trade and reclassifying the offence as possession for personal use.

In its judgment, the appellate court said the case file lacked conclusive proof that the defendant was involved in trafficking narcotics or psychotropic substances. Investigative and arrest records, it found, failed to demonstrate any legally required link between the defendant and drug trade activity, prompting the court to amend the legal description of the charge.

The case arose after the defendant was referred to the court of first instance on charges of possessing cannabis and psychotropic substances for trafficking, along with drug use. The lower court sentenced him to life imprisonment for trafficking, imposed an additional three-month term for related offences, ordered the confiscation of seized items, deportation, and payment of court fees.

The defendant appealed the ruling, denying involvement in trafficking while admitting to drug use. His lawyer argued that the trafficking charge should be overturned, seeking either acquittal on the use charge or the application of maximum leniency.

Upon reviewing the appeal, the court said the investigation did not explain how authorities concluded the defendant was engaged in trafficking, nor did it show acts such as promotion, negotiation, or delivery. It noted that the alleged trafficking activity occurred “independently of the defendant” and that he was not caught committing any act indicative of drug trade.

The court also referred to testimony indicating that the defendant was arrested without conducting any trafficking transaction. While an initial statement suggested he had supplied drugs on three occasions, the defendant later told prosecutors that he had merely assisted a friend for a small amount of money, not sold drugs—an account the court said was unconvincing and unsupported by corroborating evidence.

Based on the quantities seized and proof of drug use, the court concluded that the possession was intended for personal consumption rather than trafficking.

Invoking its powers under Article 215 of the Criminal Procedures Law, the court amended the primary charge to possession for personal use, treated the offences as inseparably linked, and imposed a single sentence of three months’ imprisonment, while upholding deportation and court fees.

The court added that the defence submissions raised no new issues beyond those already considered at first instance, and that once the trafficking basis collapsed, the original life sentence could not stand. It ruled that intent to traffic had not been proven to the required level of certainty, nullifying the life term and replacing it with a three-month sentence following reclassification.

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